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John McKeown – Cassels Brock & Blackwell LLP

BAM!

A recent decision of the Trade-marks Opposition Board illustrates the care that must be taken in determining the positions to be taken in response to an opposition…more

| Intellectual Property

Online Trademark Use

A recent decision of a United Kingdom court considered whether the defendant’s use of the plaintiff’s trade-marks on the defendant’s websites, allegedly operating from Florida, constituted “use” of the trade-marks in the United…more

| Intellectual Property

An Ethical Dilemma

A recent decision (Varco Canada Limited v. Pason Systems Corp. 2011 FC 467 (F.C.)) of the Federal Court deals with the ethical dilemma that counsel for the plaintiff found themselves in relating to evidence that had been…more

| Intellectual Property

The Edible Play Dough

A recent judgement of the High Court of the United Kingdom illustrates the problems relating to launching a new product and an interesting application of the principles relating to trade-mark infringement…more

| Intellectual Property

BC-BUD

A recent decision of the Trade-marks Opposition Board gave effect to the fame of the “BUD” mark…more

| Intellectual Property

Motor Vehicle and Bicycle Marks

A recent decision of the Federal Court has confirmed that a trade mark registered for use with motor vehicles was not confusing with a mark used with bicycles…more

| Intellectual Property

Trade-mark Bullies

Recently, the Secretary of Commerce of the United States launched a study on the extent to which small businesses may be harmed by the litigation tactics of trade-mark owners attempting to enforce trade mark rights beyond a…more

| Intellectual Property

Interlocutory Injunctions in the Federal Court

A Judge of the Federal Court has recently granted an interlocutory injunction against a number of sports bars for showing unlicensed sporting events from illegal satellite systems. The grant of such an injunction is certainly…more

| Intellectual Property

The Transcendence of Famous Marks

A famous trade mark may be entitled to protection which goes beyond product lines, but not all famous marks can make this jump, and the difference between products can continue to be a significant obstacle to overcome. …more

| Intellectual Property

The Importance of the Date of First Use

A recent decision of the Trade-marks Opposition Board emphasizes the importance of accurately specifying the date of first use in a trade mark application…more

| Intellectual Property

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